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child support for my baby

 
 
Reply Sun 3 Aug, 2014 10:12 am
I'm a new mommy to a beautyful baby girl who I adore and love. My daughter is 9 months old. Her dad and me are no longer together, because he's very inconsitent, anyways, he has sent me money for only 2 months of my daughters life!! He was sending 300.00 for 2 months and then he lost his job, since hes not workig im not getting anything, but im going to file for child support to make sure he is taking care of his responsibilities.( Sigh) ok I know its a lot lolz. On top of that, he has 4 other kids from his previous relationship with his ex. I knew about the kids, but I love kids and I wanted a big family with this man. From what I remember, he was not officially paying his ex child support, they were mitigating and he was sending her money orders for like $1300. On average, I think he makes like 3-5k a month. So yeah, I want to know if he will have to pay less money because he has so many other kids. How can I maximize the total amount of support I can get from him?

I am planning to get married in a few months, to hard working man who has a daughter of his own and we plan to raise our girls together as sisters. I have my family now which makes me happy, another question I have is shouldnt my child support from my ex increase since there will be 2 kids in my future household with my new husband?
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Type: Question • Score: 2 • Views: 873 • Replies: 8
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jespah
 
  2  
Reply Sun 3 Aug, 2014 10:41 am
@QueenCandy23,
The best way to get the most $$ is to hire a lawyer experienced in these matters and work directly with that person. This site does not give out legal advice but I will tell you that your ex is not going to be responsible for your future husband's kids unless your ex adopts your future husband's kids. Period.
0 Replies
 
boomerang
 
  2  
Reply Sun 3 Aug, 2014 11:19 am
@QueenCandy23,
Here's a list of child support laws by state: http://www.ncsl.org/research/human-services/guideline-models-by-state.aspx

Most states use a percentage of income model so if he has other kids to support you'll end up with less; they'll take a percentage of his income and divide it by the number of children he has to support.

He absolutely won't owe child support to your fiancee's child even if she's living in your home.
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ehBeth
 
  1  
Reply Sun 3 Aug, 2014 11:32 am
@QueenCandy23,
The response is similar if you're in Canada.

1. get a lawyer

2. child support is divided by the number of children the person has judgment orders for - so if he's already paying for 4, he'd be paying for 5 - and your daughter would get 1/5 of the total

3. your ex will not have any responsibility for your future husband's child

__________

Based on the numbers you've provided, if he was determined to be able to pay $1300 in the past, 1/5 would be less than the $300 he sent on the months he did send money. Looks like he sent you roughly the same amount he was paying for the other 4, even though he hadn't been ordered to.

If he's not working, he's not likely to be given the same assessment as in the past. (at least not in Canada)
QueenCandy23
 
  1  
Reply Sun 3 Aug, 2014 12:07 pm
I thought he would have to pay for my step daughter if I when I get married because she will become my child, but ok no one seems to agree. I am going to adopt my step daughter as mine. I will get a lawyer as you all advised. Thank you for breaking down the amounts. Right now gosh, Im just wondering if I should continue to accept his 300.00/month or try to get more. Can anyone tell me how much do child support lawyers cost? Is it worth it???
ehBeth
 
  1  
Reply Sun 3 Aug, 2014 12:12 pm
@QueenCandy23,
QueenCandy23 wrote:
I thought he would have to pay for my step daughter if I when I get married because she will become my child


In most jurisdictions it wouldn't matter if your future step-daughter (she is not your step-daughter at this point) became your daughter - she still would NOT be your ex's child.

You need to talk to a lawyer that knows the realities of your jurisdiction. Since you're looking at adopting your fiance's child, you'll need a lawyer in any case.
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ehBeth
 
  1  
Reply Sun 3 Aug, 2014 12:14 pm
@QueenCandy23,
QueenCandy23 wrote:
I thought he would have to pay for my step daughter if I when I get married because she will become my child


think about it this way - were you required to contribute to the child support for your ex's other children?

if you are correct about his responsibility to your future stepdaughter, then you also have a $ responsibility to his other children
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QueenCandy23
 
  1  
Reply Sun 3 Aug, 2014 12:46 pm
@ehBeth,
so if he does not have a "judgment order" for his other kids, then the child support should increase for my daughter right? because I am choosing to file. Smile He's been paying his ex outside of the courts. I think I got it.
ehBeth
 
  2  
Reply Sun 3 Aug, 2014 12:54 pm
@QueenCandy23,
In Canada it would not work that way.

The judge would look at all of the children and the payments he is making/has made to them.

Your child is still one of five.
0 Replies
 
 

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